RAVINDER KUMAR SEJWAL Vs. D D A

JUDGEMENT

(1.) THE present appeal under Section 96 of the Code of Civil Procedure 1908 has been preferred against the judgment and decree dated 21. 02. 2007 parsed by the learned Additional District Judge, Delhi wherein the suit filed by the appellants was dismissed.

(2.) THE backdrop facts leading to filing of the present appeal are that the appellants who are the joint owners of land comprised in Khasra No. 225, village Lado Sarai, New Delhi filed a suit registered as Suit No. 103/05, praying for a decree of mandatory and permanent injunction against the respondent, Delhi Development Authority, requiring Delhi Development authority to leave an approach road, as shown in Red in the site-plan annexed with the plaint, proved as Ex. PW-1/1, and to restrain Delhi development Authority from interfering with the stated peaceful and uninterrupted use of the said road by the appellants to reach the land comprised in Khasra No. 225, Village Lado Sarai, New Delhi.

(3.) THE case set up by the appellants in the plaint was that they have an easementary right to access their land comprised in Khasra No. 225 through the road in question and that they had openly, peaceably and uninterruptedly been using the said road since the days of their ancestors over the last 100 years. It was pleaded that the road is the only "approach road" and "motorable road" leading to the land of the appellants. It was pleaded that all of a sudden, the officers of Delhi Development Authority attempted to interfere with the peaceful enjoyment of the road.